Third Step of Legal Analysis

The third step that composes an adequate legal analysis is the of the actual “analysis.” In this section you will be expected to describe the effects of the statute and its policy on the aftermath of the case you handled for you client. This will be in direct succession with that of the rule, since it will encompass the process by which you will ascertain how it may be administered toward the facts a part of the client’s overall case. In such a way, you will be “applying the law to the legal issue.”

There are three distinct parts that make up this section of analysis. Theses include the establishment of the appropriate elements of the “rule of law,” application of the components of the “law of facts to the client’s case,” and contemplation of the potential of oppositional arguments to your analysis, which is, essentially, “counter-analysis of analysis.”

In reference to the establishment of the rule’s elements, this is important since it will provide the basis for which the rule may be eventually applied toward a specific issues. It would not be wise to apply these rules in the absence of such significant identification. Following this, the application of the components of the law to the client’s facts is necessary in order to determine that they are an adequate fit and will serve the client’s best interests.

Though in some cases this is an apparent determination requiring only the aforementioned classification, in many other cases, it is quite ambiguous. Therefore, you may need to seek out “court opinion,” such as a type of precedence in terms of previous situations that the court had prior experience with. You will be able to garner exactly how the court may have chosen to interpret the application of law according to a similar case.

When, finally, taking into consideration and, therefore, pondering the potential arguments in opposition to your clients, you will do so with the express purpose of ensuring that your team will not be caught off guard. In such a way, also, you will prepare your attorney for their own counteractions in response, therefore, maintaining a stable stance for the client.

The importance of the specification of the potency as well as the flaws that accompany your specific argument cannot be stressed enough, as it will sufficiently supply your attorney with the adequate readiness in terms of anticipation in relation to such aspects of the case in connection to their client. When composing this section of analysis, you must make sure to input explanation concerning rules and facts as they relate to the case, as clearly as possible. Any error in this process may leave their client in a worse-off position.